2010.12.22 Prosecutors Call for Sanctions Against the Defense

[Mrs G Norris]

motion for sanctions. I got the state's response to courts order also, gimme a minute -

http://www.docstoc.com/docs/67856913/20101222-state-motion-for-sanctions-for-failure-to-comply

omg!!!!!!!! Yeeeeeesssssss!!!!!

 

[Muzikman]

Here's the State's response to Court Order, in which Ashton lists ALL of his experts with reports.

http://www.docstoc.com/docs/6785717...-States-Motion-for-Clarification-Re-Discovery

 

[Mrs G Norris]

Well this is the overall sentiment:

....and this is a great call;

 

[Mrs G Norris]

Sanctions;

....but Sir Jeff is not opining on what the court should do;

 

[sleutherontheside]

Santa AKA Muzikman took time away from loading the sleigh to get these docs for us.

Christmas came a bit early thanks to him.

 

[LCoastMom]

One Trick Pony - A Compilation:​

"I'm not going to defend Nilton Diaz," defense lawyer Jose A. Baez promised jurors during opening statements in Diaz's trial. "I'm going to prosecute Samaris Bobe Silva."

Defense lawyers Baez and Jonathan Kasen said they intend to attack the state's case by assailing detective Dan Conlee for zeroing in too quickly on Diaz, by criticizing the work of a medical examiner and by accusing the young mother. They pointed an accusing finger Tuesday at the slain toddler's mother, saying she had treated the 2-year-old like "an animal."


In his closing remarks, Diaz's lawyer, Jose Baez, attacked prosecutors, sheriff's Detective Dan Conlee, the state's medical experts and the child's mother, suggesting they all distorted the truth in their pursuit of Diaz, the lone suspect in the toddler's death.

A jury of eight women and four men deliberated more than seven hours before deciding Nilton Diaz, 30, was guilty of manslaughter and child abuse. Diaz, who had been charged with first-degree murder and aggravated child abuse, seemed stunned by the verdict. He looked to his lawyer for an explanation.


Defense lawyer Jose Baez asked Circuit Judge Mark Nacke to set aside the verdicts, arguing they were based on undependable, controversial and conflicting medical evidence. Baez said the prosecution's case was filled with reasonable doubts.

"We all know something happened to this child, but we still don't know what," Baez said. "What it basically boils down to is pure speculation."

"This simply can't stand," Baez said. He argued the jury's verdicts were inconsistent. Baez said child abuse is an intentional act, while manslaughter is a death resulting from an unintentional act. He said an appeal would raise that issue.

Nacke refused to overturn the verdicts.


In documents seeking a new trial and other post-conviction relief, Diaz says he lost his freedom because of Baez's trial performance, strategy and failure to disclose evidence to prosecutors, a tactical decision that prevented jurors from viewing a defense video. Diaz said “…Mr. Baez wanted to surprise the prosecution, and the surprise blew up in the defense’s face.”

Baez, was not allowed to show jurors computer animation that depicted Silva injuring the child, accused the state's medical experts of "recklessly giving opinions." The defense has portrayed Silva as a lying child abuser and a bad mother.

The video, created by a biomechanical expert, would have shown the jury how the toddler's skull fracture could have been an accident, according to new court filings.


Nilton Diaz, filed a motion for a new trial, claiming he was convicted due to the “defectiveness” of his defense attorney, Jose Baez.

Baez called it a common post-conviction strategy that often cites defense mistakes to win a new trial.

http://articles.orlandosentinel.com/keyword/nilton

Yup I'm just not seeing anything new in JB's Bag-O-Tricks. First he threw everyone under the bus (LE, ME, mom, junk science). Then he tried to pull a rabbit out of his ear - with a surprise! He wanted the jury to watch a cartoon, of how the child's injury / death could have happened if her mom had been home when she was injured - a ploy that failed - later he blamed the jury citing reasonable doubts (or Judge) for conflicting verdicts. Last he pretty much said everyone blames their attorney when they lose!

Thank goodness HHJSS made the decision for ICA that she was going to see her boy in action - no chance of crying foul after the fact!

[ame="http://www.youtube.com/watch?v=sfv3kBzJZgU"]http://www.youtube.com/watch?v=sfv3kBzJZgU[/ame]

 

[The World According]

2010.12.22 State Motion for Sanctions For Failure to Comply
http://www.docstoc.com/docs/67856913...lure-to-Comply

2010.12.22 State Response to Court Order Granting States Motion for Clarification Re Discovery
http://www.docstoc.com/docs/67857172...n-Re-Discovery

Thank you Muzikman!!!

[ame="http://www.websleuths.com/forums/showpost.php?p=5927981&postcount=162"]Websleuths Crime Sleuthing Community - View Single Post - List of Motions **NO DISCUSSION HERE PLEASE**[/ame]

 

[LancelotLink]

One Trick Pony! Great post!! This needs to be included in the "What's the Defense's Strategy" thread. Holy!! Moly! I felt like Alice peering into the looking glass. Take that post, change the names...

 

[logicalgirl]

You all are having such a good time here and I've only been able to quickly browse and HUGS to Muzikman, read the motion for sanctions - what a beaut!! Love it. I asked and asked Santa for a BIG BIG Christmas present -

and lookee here - he actually brought it!!! :woohoo:

 

[LancelotLink]

You all are having such a good time here and I've only been able to quickly browse and HUGS to Muzikman, read the motion for sanctions - what a beaut!! Love it. I asked and asked Santa for a BIG BIG Christmas present -

and lookee here - he actually brought it!!! :woohoo:

Muzikman IS Santa!
:christmastree:

 

[nums24]

You all are having such a good time here and I've only been able to quickly browse and HUGS to Muzikman, read the motion for sanctions - what a beaut!! Love it. I asked and asked Santa for a BIG BIG Christmas present -

and lookee here - he actually brought it!!! :woohoo:

:woohoo: Happy :dance:! This Motion and Response are an excellent present!

Thank you Muzikman!

 

[faefrost]

"This simply can't stand," Baez said. He argued the jury's verdicts were inconsistent. Baez said child abuse is an intentional act, while manslaughter is a death resulting from an unintentional act. He said an appeal would raise that issue.

I know it's a side note... but ummm WOW!

I know I'm not a lawyer, but even a layperson such as I has picked up enough law to know that manslaughter is not what JB defined it as there in open court. It is in fact almost the direct opposite of what he argued. manslaughter is typically viewed as an unintentional death that is the result of an intentional or negligent act. (So in that case the intentional act was to harm or punish the child, but the defendant did not plan for the child to actually die or deliberately intend to cause death.)

What JB described above is more typically an "accidental death" (a death caused by an unintentional act or uncontrollable event)

Once again, WOW! :waitasec:

The motion for sanctions was an interesting read. The SA has definitely had enough of the games. Sadly I suspect that it won't do any good. The defense team will do their usual smoke and mirrors dance and somehow blame the prosecution for all of this. The Judge will speak harshly but will not take any punitive actions or block any witnesses for fear of impacting the defendants right to a fair trial because of the idiocy of her lawyers. Baez will sit there and smirk, and will once again completely fail to get the point.

 

[Snaz]

You all are having such a good time here and I've only been able to quickly browse and HUGS to Muzikman, read the motion for sanctions - what a beaut!! Love it. I asked and asked Santa for a BIG BIG Christmas present -

and lookee here - he actually brought it!!! :woohoo:

LG, the really big, big, BIG present now will be if HHBP grants the State's motion!!!! :crazy:

 

[Paintr]

The motion for sanctions was an interesting read. The SA has definitely had enough of the games. Sadly I suspect that it won't do any good. The defense team will do their usual smoke and mirrors dance and somehow blame the prosecution for all of this. The Judge will speak harshly but will not take any punitive actions or block any witnesses for fear of impacting the defendants right to a fair trial because of the idiocy of her lawyers. Baez will sit there and smirk, and will once again completely fail to get the point.

Respectfully snipped....

I sadly agree. Since this is a DP case and since 'death is different', I do not see HHJP doing much about this. Mr Baez will be getting away with a lot and smirking a lot, not because he is such a clever lawyer, but because of the nature of the case.

 

[LCoastMom]

I know it's a side note... but ummm WOW!

I know I'm not a lawyer, but even a layperson such as I has picked up enough law to know that manslaughter is not what JB defined it as there in open court. It is in fact almost the direct opposite of what he argued. manslaughter is typically viewed as an unintentional death that is the result of an intentional or negligent act. (So in that case the intentional act was to harm or punish the child, but the defendant did not plan for the child to actually die or deliberately intend to cause death.)

What JB described above is more typically an "accidental death" (a death caused by an unintentional act or uncontrollable event)

Once again, WOW! :waitasec:

The motion for sanctions was an interesting read. The SA has definitely had enough of the games. Sadly I suspect that it won't do any good. The defense team will do their usual smoke and mirrors dance and somehow blame the prosecution for all of this. The Judge will speak harshly but will not take any punitive actions or block any witnesses for fear of impacting the defendants right to a fair trial because of the idiocy of her lawyers. Baez will sit there and smirk, and will once again completely fail to get the point.

ITA I was looking at all the reasons that JB was denied admittance to the Bar - when one of the links led me to the whole series of the Diaz trial - it is so much more interesting to watch JB play at being a lawyer - rather than the very valid, black and white reasons FL had for saying "No!" So I just started putting it all together when I realized that we've been watching a rerun!

I had no idea that Santa (I mean MM) had just unloaded his whole sleigh at WS! We can just think of it as icing!

 

[SuziQ]

Dang it. (Patiently tapping my foot)

Docstoc.com is currently undergoing scheduled maintenance. We apologize for the inconvenience.

 

[Mrs G Norris]

I tend to think the prosecution held off for as long as they could in regards to making a call for sanctions against the defense, and would have preferred not having to take this step and that it is rather a last resort. I also think the Florida Bar has been watching this case with interest and that post trial complaints will be submitted and reviewed. So I also tend to think that the fact that this move now was not done lightly, nor without support from higher up at the SAO, and will likely be granted.

Baez you idjit!

 

[logicalgirl]

Muzikman IS Santa!
:christmastree:

Shhhh - he's ours - other blogs are already cadging him!!!:angel:

 

[Snaz]

I know it's a side note... but ummm WOW!

I know I'm not a lawyer, but even a layperson such as I has picked up enough law to know that manslaughter is not what JB defined it as there in open court. It is in fact almost the direct opposite of what he argued. manslaughter is typically viewed as an unintentional death that is the result of an intentional or negligent act. (So in that case the intentional act was to harm or punish the child, but the defendant did not plan for the child to actually die or deliberately intend to cause death.)

What JB described above is more typically an "accidental death" (a death caused by an unintentional act or uncontrollable event)

Once again, WOW! :waitasec:

The motion for sanctions was an interesting read. The SA has definitely had enough of the games. Sadly I suspect that it won't do any good. The defense team will do their usual smoke and mirrors dance and somehow blame the prosecution for all of this. The Judge will speak harshly but will not take any punitive actions or block any witnesses for fear of impacting the defendants right to a fair trial because of the idiocy of her lawyers. Baez will sit there and smirk, and will once again completely fail to get the point.

Respectfully BBM

Not only that, Faefrost, but JB also said child abuse was an intentional act. Child abuse can come from many actions, not always intentional, but child abuse nonetheless.

Geeze, what an idiot! How DID he ever pass the bar???????

I am so hoping, along with most of all you, that Judge Perry will finally tire of JB's games and penalize him. I hope you are wrong, Faefrost, that the judge will speak harshly yet take no action.

 

[lauriej]

Well this is the overall sentiment:

....and this is a great call;

..the "above referenced Experts" ashton refers to as needing much more info on are:


Dr. Lee, Dr. W. Spitz, Dr. Kathy Reichs, Dr. William Rodriguez and Richard Eikelenboom


..anyone know when their Depositions were scheduled for? or had they been scheduled yet?